New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION
Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS
Section 19.2.19.7 - DEFINITIONS
Current through Register Vol. 35, No. 24, December 23, 2024
As used in this rule, the following terms shall have the meaning here indicated:
A. "Commissioner" - the commissioner of public lands or any agent or employee of the commissioner who is authorized to act in the commissioner's stead.
B. "Recreational access" - access to state trust lands open to recreational and educational access described in Subsection D of 19.2.19.7 NMAC for the purpose of conducting non-commercial permitted activities thereon.
C. "Permitted activities" - those activities on lands open to recreational access that are authorized by the issuance of a recreational access permit and are not prohibited under 19.2.19.18 NMAC. Permitted activities include, but are not limited to, such activities as hiking, sightseeing, picnicking, observing wildlife, non-commercial pinon nut gathering, photographing, and cross country skiing.
D. "Lands open to recreational access" - those lands, other than lands leased under a New Mexico state land office business lease, that are identified by the surface tract books of the New Mexico state land office as in the care, custody, and control of the commissioner, that have not been withdrawn from recreational access by the commissioner, and on which no oil and gas operations or mining operations are being conducted.
E. "Recreational access permit" - an instrument issued by the commissioner that authorizes recreational access by the recreational access permittee and a certain number of persons accompanying the permittee. A recreational access permit shall be valid only in the possession of the recreational access permittee and shall be rendered invalid by its transfer to another. Recreational access permits shall be of two types:
F. "Recreational access permittee" - any person 18 years old or older to whom or in whose name a recreational access permit is issued.
G. "Established road" - A road built or maintained by equipment, and which shows no evidence of being closed to vehicular traffic by such means as berms, ripping, scarification, reseeding, fencing, gates, barricades, or posted closures. In addition, this includes observable two-track roads. A two-track road is one which shows use for purposes such as recreation, mining, logging, or ranching, and which shows no evidence of being closed to vehicular traffic by such means as berms, ripping, scarification, reseeding, fencing, gates, barricades, or posted closures.